General defences
18 General defences
Ship master’s decisions
A person does not commit an offence against this Act if:
a physical element of the offence exists (whether directly or indirectly) because the master of a ship engaged in conduct in the operation or control of the ship; and
without the existence of that physical element the person would not commit the offence; and
the master engaged in the conduct to protect the safety or security of:
the ship; or
the ship’s cargo; or
a person (whether on board the ship or not); or
another ship; or
a port, or a port facility or other installation within a port; or
an offshore facility; and
the conduct was reasonable in the circumstances.
A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).
Security directions
If:
a person is required to comply with a security direction; and
compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;
the person, in complying with the security direction, is taken not to have committed the offence or contravened the requirement.
A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).
Control directions
If:
a person is required to comply with a control direction; and
compliance with the direction would mean that the person commits an offence against, or otherwise contravenes a requirement of, this Act;
the person, in complying with the control direction, is taken not to have committed the offence or contravened the requirement.
A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).
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